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2026 DAILYLAW 44159 (MAD)

Santhoshkumar v. State Of Tamilnadu Rep By Inspector Of Police, Silaiman

CRL OP(MD)/11825/2026 · 2026-06-22

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 11825 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11825 of 2026 1.Santhoshkumar S/o. Selvaraj 2.Santhoshkumar S/o.Selvam ...Petitioners/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Silaiman Police Station, Madurai. (Crime No. 211 of 2026) ...Respondent/Complainant For Petitioners : M/s.P.Krishnaveni Advocate. For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11825 of 2026 For Anticipatory Bail in Cr.No. 211 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 109, 118(1), 191(2), 191(3), 296(b) & 351(3) of Bharatiya Nyaya Sanhita, 2023, in Crime No. 211 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that on 15.06.2026, the petitioners and others abused the defacto complainant in filthy language and attacked the defact ocomplainant and another and thereatened with dire consequences. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Hence, he prayed to grant anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11825 of 2026 4. The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 109, 118(1), 191(2), 191(3), 296(b) & 351(3) of Bharatiya Nyaya Sanhita, 2023, in Crime No. 211 of 2026. He would further submit that injured was discharged from the hospital and the first petitioner has five previous cases and the first petitioner is a history sheet holder and the second petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioners. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions made on either side and the nature of offences charged against the petitioners, and considering the facts that injured was discharged from the hospital and though the first petitioner has five previous cases, in all cases bail was granted to him and the second petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11825 of 2026 [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the first petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders and the second petitioner shall report before the Inspector of Police, Peraiyur Police Station, Madurai, daily at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11825 of 2026 witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 22.06.2026 apd To 1.The Judicial Magistrate-II, Madurai. 2.The Inspector of Police, Silaiman Police Station, Madurai. 3. The Inspector of Police, Peraiyur Police Station, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11825 of 2026 P. DHANABAL, J apd ORDER IN CRL OP(MD) No. 11825 of 2026 Date : 22.06.2026 6/6 https://www.mhc.tn.gov.in/judis